HL Deb 03 November 2003 vol 654 cc620-38

HIGH HEDGES

COMPLAINTS TO WHICH THIS PART APPLIES

  1. (1) This Part applies to a complaint which—
    1. (a) is made for the purposes of this Part by an owner or occupier of a domestic property; and
    2. (b) alleges that his reasonable enjoyment of that property is being adversely affected by the height of a high hedge situated on land owned or occupied by another person.
  2. (2) This Part also applies to a complaint which—
    1. (a) is made for the purposes of this Part by an owner of a domestic property that is for the time being unoccupied, and
    2. (b) alleges that the reasonable enjoyment of that property by a prospective occupier of that property would be adversely affected by the height of a high hedge situated on land owned or occupied by another person,
      • as it applies to a complaint falling within subsection (1).
  3. (3) In relation to a complaint falling within subsection (2), references in sections (Procedure for dealing with complaints) and (Remedial notices) to the effect of the height of a high hedge on the complainant's reasonable enjoyment of a domestic property shall be read as references to the effect that it would have on the reasonable enjoyment of that property by a prospective occupier of the property.
  4. (4) This Part does not apply to complaints about the effect of the roots of a high hedge.
  5. (5) In this Part, in relation to a complaint—
    1. (a) a person by whom the complaint is made; or
    2. (b) if every person who made the complaint ceases to be an owner or occupier of the domestic property specified in the complaint, any other person who is for the time being an owner or occupier of that property;

The noble Lord said: My Lords, it gives me more than the usual delight to move this amendment. In effect, it will introduce a whole new Bill into the Anti-social Behaviour Bill. Rarely can there have been an occasion in your Lordships' House that has been greeted with such gratitude, delight, enthusiasm and warm support.

I shall not go on at great length. In the past few years, we have seen Private Member's Bills pushed through both Houses. They have attracted broad support, but, frustratingly, they have never found their way on to the statue book. This evening is an evening for paying tributes. It is difficult to leave people out, but I must congratulate the noble Baroness, Lady Gardner of Parkes, on her persistence and her imagination. I also record my gratitude to the noble Baroness, Lady Hamwee, for tempting me, at the previous stage of the Bill, to encourage the finding of a solution. We have found that solution. Stephen Pound MP must also be congratulated on his sterling efforts. My noble friend Lord Evans of Temple Guiting should be congratulated on his sterling efforts at an earlier stage. My noble friend Lord Rooker should be congratulated on encouraging incitement of the issue in exchanges across the Dispatch Box. My noble friend Lord Graham of Edmonton and John Taylor MP also deserve congratulation. They all do.

High hedges are an anti-social problem. I am motivated by lots of things, but I have a confession to make: my mother grew a leylandii cypress hedge in the 1980s, when she was getting, shall we say, a little eccentric. She thought that her neighbours were snooping on her. I had to make a tactical intervention to ensure that the thing was trimmed back to a reasonable height. Eventually, the hedge was removed. I thought that it was a profoundly anti-social act on her part, and we had something of an argument about it. So, I appreciate from personal experience how unpleasant a problem it is and how much anti-social activity and strife between neighbours it can lead to. So I am very happy for these amendments to be introduced. They will grant relief to many citizens who have suffered greatly from the problem. I am told that when we had a consultation on the issue, the department received one of the largest ever responses, which does not surprise me at all.

In dealing with the government amendment, I must deal, too, with Amendment No. 119 to be moved by the noble Lord, Lord Dixon-Smith, which requires some precision in addressing.

Lord Dixon-Smith

My Lords, perhaps the noble Lord would permit me to introduce my amendment so that he knows what lies behind it before he tries to answer it. I know that he is fairly psychic, but I might help the House to make progress. Amendment No. 119 arises because—

A noble Lord

My Lords, the noble Lord can interrupt the Minister, but he cannot make a speech.

Lord Bassam of Brighton

My Lords, for the convenience of the House, I was trying to deal with the noble Lord's amendment in my comments because I want us to move on as swiftly as possible. The problem with the amendment is that it would disapply from the scheme of regulation any evergreen hedge that affords shelter to horticultural or agricultural land. In effect, it would mean that a home owner would not be able to lodge a complaint with the local authority about any hedge which was adversely affecting his or her reasonable enjoyment of property.

We all agree that hedges have many benefits, particularly in horticulture and agriculture. Even the maligned Leyland cypress can provide admirable shelter for crops. However, the number of complaints arising under the Bill about horticultural and agricultural hedges is unlikely to be significant. Traditional countryside hedgerows tend not to comprise evergreen species and so are unlikely to be caught by the Bill at all. As regards hedges that are predominantly evergreen, government Amendment No. 118 makes clear that a complaint under the Bill must relate to hedges that are having an adverse effect on domestic property. That does not completely rule out complaints about hedges on horticultural or agricultural land which adjoin residential land, but the overall number of complaints is likely to be low.

Where valid complaints about horticultural or agricultural hedges are made under the Bill, it does not follow that the local authority will order a reduction in the hedge's height, even if it finds that the hedge is having an adverse effect on the complainant's property. In determining complaints, local authorities will take account of all relevant factors, including points raised by both parties. The local authority's decision will be based on a balanced assessment of the merits of each case, having regard to individual circumstances.

The ODPM will issue guidance to local authorities on how to administer the scheme of regulation. Rights of appeal against local authority decisions have been drawn into the Bill. Obviously, I shall hear what the noble Lord has to say, but we think that we have got the balance about right. We understand that cases may arise for which the noble Lord would like to seek protection, but we can best deal with that in guidance. It would be unfortunate to begin a system of exemptions, such as that proposed in the noble Lord's amendment.

I think that we have a measure on which we have common agreement; there has been endless consultation. We have had too many Bills. The Stephen Pound Bill, which we are putting into the Anti-social Behaviour Bill, is fit for the purpose. It will serve and protect our citizens in the way in which its movers and all those who have supported it in the past seek. I beg to move.

Lord Dixon-Smithmoved, as an amendment to Amendment No. 118, Amendment No. 119: Line 26, at end insert— ( ) This Part does not apply to any such evergreens which afford shelter to land used for the purposes of agriculture or horticulture.

The noble Lord said: My Lords, the Minister has done very well: he has nearly answered the point that I wanted answered. In fact, I support the amendment. All I seek from the Government is a little assurance, which I think that the noble Lord will be able to give. He might have been able to give it in rather fewer words than he actually did if I had been given the chance to introduce the amendment before he replied to it.

The noble Lord knows at least as well as I the fact that development pressures are very high in the South East and a scenario comes to mind that has not been adequately dealt with. The first is where a high hedge divides two large properties. I can think of two or three places where there are what used to be beautiful streets with lovely houses, each standing in three or four acres, often separated by high evergreen hedges. That was fine, but the pressures for development are such that the sites of those houses were worth considerably more than the properties themselves.

Over time, the owner of one such property will decide that he cannot afford to live on the site any longer. He then applies for planning permission and, since the land designation is residential, his five-acre site will accommodate 15 to 20 new houses—I have seen that for myself. The site will be developed right up to the hedge, but that does not matter. People move into the new house, having bought it knowing of the disadvantage of having a high hedge perhaps only 20 feet away. However, when subsequently those people sell the house, the next owner does not see the matter in that light. The new owner will seek to have the hedge removed, even though that hedge is protecting the rights of the person still enjoying the large site next door.

It was to deal with that kind of situation that I sought a little more assurance from the Government. One tends to think of hedges inappropriately planted and growing away as the problem, but there is no question that the circumstance I have described is also a problem: it is a fact that, in the south-east of England, houses sometimes grow up to hedges rather than the other way round. That is the situation to which I particularly want the Minister to respond. I beg to move.

Baroness Gardner of Parkes

My Lords, earlier this evening the noble Baroness, Lady Scotland, referred to an element of this anti-social behaviour legislation as a bus that one could hop on to. I am not very good at hopping on to buses, but on this occasion I have managed to do so because so many people have helped me to catch the bus. We waited a long time for this bus, but eventually it came along.

The noble Baroness, Lady Farrington, responded to my first Private Member's Bill. Following that, the noble Lord, Lord Graham of Edmonton, and I had a meeting with the noble and learned Lord, Lord Falconer of Thoroton, who was briefly in charge of this area. Indeed, the noble Lord, Lord Graham, has asked me to say how sorry he is that he has been unable to stay tonight. He also reminded me that I must thank the Minister in the Office of the Deputy Prime Minister. I am sure that is true, but I thank also the noble Lord, Lord Rooker, who put forward some marvellous suggestions when we had our exchange at Question Time.

There are so many people to thank. I mention the noble Lords, Lord Bassam of Brighton and Lord Evans of Temple Guiting—which is a terribly difficult name to pronounce—who both dealt with the Bill earlier this year. I must also mention the late Lord Williams of Mostyn who suggested that I speak to the noble Baroness, Lady Scotland, about this matter. He was very supportive of my proposals. Indeed, many noble Lords from the Government and all sides of the House have offered their support. I thank in particular the noble Baroness, Lady Hamwee, whose name is attached to my amendment. Without her brilliant suggestion for how to get the Public Bill Office to go along with this proposal, we might not have had the amendment before the House tonight. I am extremely grateful to the noble Baroness for her help.

I thank also the noble Lord, Lord Monson, who is not with us this evening. The noble Lord sits on the Cross Benches and took a very active part in the Bill at an earlier stage. All noble Lords have supported this measure. Further, honourable Members from the other place, John Taylor and Stephen Pound, whose Bill is incorporated in the amendment before us, have been supportive. Stephen Pound and I agreed that, whichever Bill succeeded, one of us would steer it through the other House if we could.

Over the years, almost every aspect of this subject has been debated and appropriate amendments have been incorporated into what is the new clause before us. I thank also those in the ODPM who have worked so patiently and thoroughly on this subject and, more recently, staff in the Home Office and the Public Bill Office. I am sure that it is only because of those combined efforts that this amendment has been tabled.

The proposed new high hedges clause provides a way for hedge victims to seek fair treatment through this Bill. As there seems to be considerable misinformation on a particular point, one further comment is necessary. I must place on record that the amendment does not mean that all hedges throughout the country will be restricted to a height of two metres, as so many people who write in the papers believe. Only yesterday an article appeared stating that the Government are introducing legislation to reduce all hedges to two metres. People are quite ill informed on this subject and it is important for them to realise that that is not the situation. A complaint will be necessary to start the process. After that, each case will be considered individually, as the noble Lord, Lord Bassam, clearly explained. Cases will not be considered en masse but individually. I hope that cases such as those suggested by the noble Lord, Lord Dixon-Smith, will also receive fair consideration.

I notice that the noble Lord, Lord Grocott, is in his place. He, too, has encouraged me to press on with the amendment. I agreed that the one thing I would not do was hold up the bus when it arrived. I shall not say anything more except to thank the Government for bringing forward the amendment.

9.15 p.m.

Baroness Hamwee

My Lords, I am a bit player in this drama. I do not wish to repeat all the congratulations; perhaps they can be taken as read. For myself, the greatest joy was hearing those in the Public Bill Office say not "We have spoken to parliamentary counsel and he disagrees with you so go away" but "We have spoken to parliamentary counsel and he agrees with you". I do not suppose that will happen often in my parliamentary career.

Perhaps I may make a couple of points in regard to the amendment of the noble Lord, Lord Dixon-Smith. I was rather confused by the way in which he introduced it. He spoke of growing houses rather than growing crops but his amendment refers to agriculture and horticulture. I do not know whether this is the beginning of a great cross-party alliance and he is trying to solve the ODPM's sustainable communities programme.

I am not sure whether his amendment is intended to apply only to commercial agriculture and horticulture or how high a hedge needs to be to afford shelter. It does not specify that it has to be for the purpose of providing shelter, nor does it refer to the crops which may require to be sheltered.

The noble Lord, Lord Bassam, may have answered my next query—probably in the negative—but I am not sure whether what he suggested goes in any way to the reasonableness of the enjoyment of domestic property of those on the other side of the hedge. I believe he said that this is not relevant to whether or not a complaint is reasonable.

I do not believe that the noble Lord, Lord Dixon-Smith, intends to press his amendment and so I shall not continue with my questions. I hope that he does not.

Lord Hylton

My Lords, it is highly satisfactory that there should be an agreed all-party solution to a very real problem. My only regret is that it takes 19 new clauses to achieve that solution. This absolutely illustrates the point so often made by the noble and learned Lord, Lord Simon of Glaisdale, about the prolixity of modern drafting. Soon we shall be having Bills not in two volumes but in three. Having said that, I welcome the improvement.

Lord Bassam of Brighton

My Lords, I return to the Dispatch Box simply to say to the noble Lord, Lord Dixon-Smith, that the issue he raises is best dealt with through guidance. We are grateful to him for tabling the amendment in the spirit in which he did. He made an interesting case. I can remember similar cases from my own local government experience.

The official at the ODPM has spent a long time dealing with high hedges. When I spoke to her this morning, I was concerned that she may be done out of a job, but she said, "No, I'm sure they'll find me some more work". I am sure that she will put her mind to the issues which the noble Lord, Lord Dixon-Smith, raises in his amendment. They will no doubt be dealt with in guidance, along with many others, where there are some difficulties and complexities.

The noble Lord, Lord Hylton, made a perfectly valid point. This is a problem which cries out for a simple solution, yet we need 19 clauses to get it absolutely right.

The Government are very pleased to have been able to find the opportunity to introduce the Pound Bill into the Anti-social Behaviour Bill. I think that we will do the public a great service and that there will be relief and acclamation all round. I have already read some in the press. I congratulate all those who have played a bit part, or a major part—however they wish to describe their activities—and I am most grateful to all for their support.

Lord Dixon-Smith

My Lords, I beg leave to withdraw the amendment.

Amendment No. 119, as an amendment to Amendment No. 118, by leave, withdrawn.

On Question, Amendment No. 118 agreed to.

Baroness Scotland of Asthal moved Amendments Nos. 120 to 138: After Clause 69, insert the following new clause—

"HIGH HEDGES

  1. (1) In this Part "high hedge" means so much of a barrier to light or access as—
    1. (a) is formed wholly or predominantly by a line of two or more evergreens; and
    2. (b) rises to a height of more than two metres above ground level.
  2. (2) For the purposes of subsection (1) a line of evergreens is not to be regarded as forming a barrier to light or access if the existence of gaps significantly affects its overall effect as such a barrier at heights of more than two metres above ground level.
  3. (3) In this section "evergreen" means an evergreen tree or shrub or a semi-evergreen tree or shrub."

After Clause 69, insert the following new clause—

"DOMESTIC PROPERTY

  1. (1) In this Part "domestic property" means—
    1. (a) a dwelling; or
    2. (b) a garden or yard which is used and enjoyed wholly or mainly in connection with a dwelling.
  2. (2) In subsection (1) "dwelling" means any building or part of a building occupied, or intended to be occupied, as a separate dwelling.
  3. (3) A reference in this Part to a person's reasonable enjoyment of domestic property includes a reference to his reasonable enjoyment of a part of the property."

After Clause 69, insert the following new clause—

"PROCEDURE FOR DEALING WITH COMPLAINTS

  1. (1) This section has effect where a complaint to which this Part applies—
    1. (a) is made to the relevant authority; and
    2. (b) is accompanied by such fee (if any) as the authority may determine.
  2. (2) If the authority consider—
    1. (a) that the complainant has not taken all reasonable steps to resolve the matters complained of without proceeding by way of such a complaint to the authority, or
    2. (b) that the complaint is frivolous or vexatious,
      • the authority may decide that the complaint should not be proceeded with.
  3. (3) If the authority do not so decide, they must decide—
    1. (a) whether the height of the high hedge specified in the complaint is adversely affecting the complainant's reasonable enjoyment of the domestic property so specified; and
    2. (b) if so, what action (if any) should be taken in relation to that hedge, in pursuance of a remedial notice under section (Remedial notices), with a view to remedying the adverse effect or preventing its recurrence.
  4. (4) If the authority decide under subsection (3) that action should be taken as mentioned in paragraph (b) of that subsection, they must as soon as is reasonably practicable—
    1. (a) issue a remedial notice under section (Remedial notices) implementing their decision;
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    2. (b) send a copy of that notice to the following persons, namely—
      1. (i) every complainant; and
      2. (ii) every owner and every occupier of the neighbouring land; and
    3. (c) notify each of those persons of the reasons for their decision.
  5. (5) If the authority—
    1. (a) decide that the complaint should not be proceeded with, or
    2. (b) decide either or both of the issues specified in subsection (3) otherwise than in the complainant's favour,
      • they must as soon as is reasonably practicable notify the appropriate person or persons of any such decision and of their reasons for it.
  6. (6) For the purposes of subsection (5)—
    1. (a) every complainant is an appropriate person in relation to a decision falling within paragraph (a) or (b) of that subsection; and
    2. (b) every owner and every occupier of the neighbouring land is an appropriate person in relation to a decision falling within paragraph (b) of that subsection.
  7. (7) A fee determined under subsection (l)(b) must not exceed the amount prescribed in regulations made—
    1. (a) in relation to complaints relating to hedges situated in England, by the Secretary of State; and
    2. (b) in relation to complaints relating to hedges situated in Wales, by the National Assembly for Wales.
  8. (8) A fee received by a local authority by virtue of subsection (1)(b) may be refunded by them in such circumstances and to such extent as they may determine."

After Clause 69, insert the following new clause—

"REMEDIAL NOTICES

  1. (1) For the purposes of this Part a remedial notice is a notice—
    1. (a) issued by the relevant authority in respect of a complaint to which this Part applies; and
    2. (b) stating the matters mentioned in subsection (2).
  2. (2) Those matters are—
    1. (a) that a complaint has been made to the authority under this Part about a high hedge specified in the notice which is situated on land so specified;
    2. (b) that the authority have decided that the height of that hedge is adversely affecting the complainant's reasonable enjoyment of the domestic property specified in the notice;
    3. (c) the initial action that must be taken in relation to that hedge before the end of the compliance period;
    4. (d) any preventative action that they consider must be taken in relation to that hedge at times following the end of that period while the hedge remains on the land; and
    5. (e) the consequences under sections (Offences) and (Action by relevant authority) of a failure to comply with the notice.
  3. (3) The action specified in a remedial notice is not to require or involve—
    1. (a) a reduction in the height of the hedge to less than two metres above ground level; or
    2. (b) the removal of the hedge
  4. (4) A remedial notice shall take effect on its operative date.
  5. (5) "The operative date" of a remedial notice is such date (falling at least 28 days after that on which the notice is issued) as is specified in the notice as the date on which it is to take effect.
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  6. (6) "The compliance period" in the case of a remedial notice is such reasonable period as is specified in the notice for the purposes of subsection (2)(c) as the period within which the action so specified is to be taken; and that period shall begin with the operative date of the notice.
  7. (7) Subsections (4) to (6) have effect in relation to a remedial notice subject to—
    1. (a) the exercise of any power of the relevant authority under section (Withdrawal or relaxation of requirements of remedial notices); and
    2. (b) the operation of sections (Appeals against remedial notices and other decisions of relevant authorities) to (Determination or withdrawal of appeals) in relation to the notice.
  8. (8) While a remedial notice has effect, the notice—
    1. (a) shall be a local land charge; and
    2. (b) shall be binding on every person who is for the time being an owner or occupier of the land specified in the notice as the land where the hedge in question is situated.
  9. (9) In this Part—

After Clause 69, insert the following new clause—

"WITHDRAWAL OR RELAXATION OF REQUIREMENTS OF REMEDIAL NOTICES

  1. (1) The relevant authority may—
    1. (a) withdraw a remedial notice issued by them; or
    2. (b) waive or relax a requirement of a remedial notice so issued.
  2. (2) The powers conferred by this section are exercisable both before and after a remedial notice has taken effect.
  3. (3) Where the relevant authority exercise the powers conferred by this section, they must give notice of what they have done to—
    1. (a) every complainant; and
    2. (b) every owner and every occupier of the neighbouring land.
  4. (4) The withdrawal of a remedial notice does not affect the power of the relevant authority to issue a further remedial notice in respect of the same hedge."

After Clause 69, insert the following new clause—

Appeals against remedial notices and other decisions of relevant authorities

  1. (1) Where the relevant authority—
    1. (a) issue a remedial notice,
    2. (b) withdraw such a notice, or
    3. (c) waive or relax the requirements of such a notice,
      • each of the persons falling within subsection (2) may appeal to the appeal authority against the issue or withdrawal of the notice or (as the case may be) the waiver or relaxation of its requirements.
  2. (2) Those persons are—
    1. (a) every person who is a complainant in relation to the complaint by reference to which the notice was given; and
    2. (b) every person who is an owner or occupier of the neighbouring land.
  3. (3) Where the relevant authority decide either or both of the issues specified in section (Procedure for dealing with complaints) (3) otherwise than in the complainant's favour, the complainant may appeal to the appeal authority against the decision.
  4. (4) An appeal under this section must be made before—
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    1. (a) the end of the period of 28 days beginning with the relevant date; or
    2. (b) such later time as the appeal authority may allow.
  5. (5) In subsection (4) "the relevant date"—
    1. (a) in the case of an appeal against the issue of a remedial notice, means the date on which the notice was issued; and
    2. (b) in the case of any other appeal under this section, means the date of the notification given by the relevant authority under section (Procedure for dealing with complaints) or (Withdrawal or relaxation of requirements of remedial notices) of the decision in question.
  6. (6) Where an appeal is duly made under subsection (1), the notice or (as the case may be) withdrawal, waiver or relaxation in question shall not have effect pending the final determination or withdrawal of the appeal.
  7. (7) In this Part "the appeal authority" means—
    1. (a) in relation to appeals relating to hedges situated in England, the Secretary of State; and
    2. (b) in relation to appeals relating to hedges situated in Wales, the National Assembly for Wales."

After Clause 69, insert the following new clause—

"APPEALS PROCEDURE

  1. (1) The appeal authority may by regulations make provision with respect to—
    1. (a) the procedure which is to be followed in connection with appeals to that authority under section (Appeals against remedial notices and other decisions of relevant authorities); and
    2. (b) other matters consequential on or connected with such appeals.
  2. (2) Regulations under this section may, in particular, make provision—
    1. (a) specifying the grounds on which appeals may be made;
    2. (b) prescribing the manner in which appeals are to be made;
    3. (c) requiring persons making appeals to send copies of such documents as may be prescribed to such persons as may be prescribed;
    4. (d) requiring local authorities against whose decisions appeals are made to send to the appeal authority such documents as may be prescribed;
    5. (e) specifying, where a local authority are required by virtue of paragraph (d) to send the appeal authority a statement indicating the submissions which they propose to put forward on the appeal, the matters to be included in such a statement;
    6. (f) prescribing the period within which a requirement imposed by the regulations is to be complied with;
    7. (g) enabling such a period to be extended by the appeal authority;
    8. (h) for a decision on an appeal to be binding on persons falling within section (Appeals against remedial notices and other decisions of relevant authorities) (2) in addition to the person by whom the appeal was made;
    9. (i) for incidental or ancillary matters, including the awarding of costs.
  3. (3) Where an appeal is made to the appeal authority under section (Appeals against remedial notices and other decisions of relevant authorities) the appeal authority may appoint a person to hear and determine the appeal on its behalf.
  4. (4) The appeal authority may require such a person to exercise on its behalf any functions which—
    1. (a) are conferred on the appeal authority in connection with such an appeal by section (Appeals against remedial notices and other decisions of relevant authorities) or (Determination or withdrawal of appeals) or by regulations under this section; and
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    2. (b) are specified in that person's appointment;
      • and references to the appeal authority in section (Appeals against remedial notices and other decisions of relevant authorities) or (Determination or withdrawal of appeals) or in any regulations under this section shall be construed accordingly.
  5. (5) The appeal authority may pay a person appointed under subsection (3) such remuneration as it may determine.
  6. (6) Regulations under this section may provide for any provision of Schedule 20 to the Environment Act 1995 (c. 25) (delegation of appellate functions) to apply in relation to a person appointed under subsection (3) with such modifications (if any) as may be prescribed.
  7. (7) In this section, "prescribed" means prescribed by regulations made by the appeal authority."

After Clause 69, insert the following new clause—

"DETERMINATION OR WITHDRAWAL OF APPEALS

  1. (1) On an appeal under section (Appeals against remedial notices and other decisions of relevant authorities) the appeal authority may allow or dismiss the appeal, either in whole or in part.
  2. (2) Where the appeal authority decides to allow such an appeal to any extent, it may do such of the following as it considers appropriate—
    1. (a) quash a remedial notice or decision to which the appeal relates;
    2. (b) vary the requirements of such a notice; or
    3. (c) in a case where no remedial notice has been issued, issue on behalf of the relevant authority a remedial notice that could have been issued by the relevant authority on the complaint in question.
  3. (3) On an appeal under section (Appeals against remedial notices and other decisions of relevant authorities) relating to a remedial notice, the appeal authority may also correct any defect, error or misdescription in the notice if it is satisfied that the correction will not cause injustice to any person falling within section (Appeals against remedial notices and other decisions of relevant authorities) (2).
  4. (4) Once the appeal authority has made its decision on an appeal under section (Appeals against remedial notices and other decisions of relevant authorities), it must, as soon as is reasonably practicable—
    1. (a) give a notification of the decision, and
    2. (b) if the decision is to issue a remedial notice or to vary or correct the requirements of such a notice, send copies of the notice as issued, varied or corrected,
      • to every person falling within section (Appeals against remedial notices and other decisions of relevant authorities) (2) and to the relevant authority.
  5. (5) Where, in consequence of the appeal authority's decision on an appeal, a remedial notice is upheld or varied or corrected, the operative date of the notice shall be—
    1. (a) the date of the appeal authority's decision; or
    2. (b)such later date as may be specified in its decision.
  6. (6) Where the person making an appeal under section (Appeals against remedial notices and other decisions of relevant authorities) against a remedial notice withdraws his appeal, the operative date of the notice shall be the date on which the appeal is withdrawn.
  7. (7) In any case falling within subsection (5) or (6), the compliance period for the notice shall accordingly run from the date which is its operative date by virtue of that subsection (and any period which may have started to run from a date preceding that on which the appeal was made shall accordingly be disregarded)."

After Clause 69, insert the following new clause—

"POWERS OF ENTRY FOR THE PURPOSES OF COMPLAINTS AND APPEALS

  1. (1) Where, under this Part, a complaint has been made or a remedial notice has been issued, a person authorised by the relevant authority may enter the neighbouring land in order to obtain information required by the relevant authority for the purpose of determining—
    1. (a) whether this Part applies to the complaint;
    2. (b) whether to issue or withdraw a remedial notice;
    3. (c) whether to waive or relax a requirement of a remedial notice;
    4. (d) whether a requirement of a remedial notice has been complied with.
  2. (2) Where an appeal has been made under section (Appeals against remedial notices and other decisions of relevant authorities), a person authorised—
    1. (a) by the appeal authority, or
    2. (b) by a person appointed to determine appeals on its behalf,
      • may enter the neighbouring land in order to obtain information required by the appeal authority, or by the person so appointed, for the purpose of determining an appeal under this Part.
  3. (3) A person shall not enter land in the exercise of a power conferred by this section unless at least 24 hours' notice of the intended entry has been given to every occupier of the land.
  4. (4) A person authorised under this section to enter land—
    1. (a) shall, if so required, produce evidence of his authority before entering; and
    2. (b) shall produce such evidence if required to do so at any time while he remains on the land.
  5. (5) A person who enters land in the exercise of a power conferred by this section may—
    1. (a) take with him such other persons as may be necessary;
    2. (b) take with him equipment and materials needed in order to obtain the information required;
    3. (c) take samples of any trees or shrubs that appear to him to form part of a high hedge.
  6. (6) If, in the exercise of a power conferred by this section, a person enters land which is unoccupied or from which all of the persons occupying the land are temporarily absent, he must on his departure leave it as effectively secured against unauthorised entry as he found it.
  7. (7) A person who intentionally obstructs a person acting in the exercise of the powers under this section is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale."

After Clause 69, insert the following new clause—

"OFFENCES

  1. (1) Where—
    1. (a) a remedial notice requires the taking of any action; and
    2. (b) that action is not taken in accordance with that notice within the compliance period or (as the case may be) by the subsequent time by which it is required to be taken,
      • every person who, at a relevant time, is an owner or occupier of the neighbouring land is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
  2. (2) In subsection (1) "relevant time"—
    1. (a) in relation to action required to be taken before the end of the compliance period, means a thro; after the end of that period and before the action is taken; and
    2. (b) in relation to any preventative action which is required to be taken after the end of that period, means a time after that at which the action is required to be taken but before it is taken.
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  3. (3) In proceedings against a person for an offence under subsection (1) it shall be a defence for him to show that he did everything he could be expected to do to secure compliance with the notice.
  4. (4) In any such proceedings against a person, it shall also be a defence for him to show, in a case in which he—
    1. (a) is not a person to whom a copy of the remedial notice was sent in accordance with a provision of this Part, and
    2. (b) is not assumed under subsection (5) to have had knowledge of the notice at the time of the alleged offence,
      • that he was not aware of the existence of the notice at that time.
  5. (5) A person shall be assumed to have had knowledge of a remedial notice at any time if at that time—
    1. (a) he was an owner of the neighbouring land; and
    2. (b) the notice was at that time registered as a local land charge.
  6. (6) Section 198 of the Law of Property Act 1925 (c. 20) (constructive notice) shall be disregarded for the purposes of this section.
  7. (7) Where a person is convicted of an offence under subsection (1) and it appears to the court—
    1. (a) that a failure to comply with the remedial notice is continuing, and
    2. (b) that it is within that person's power to secure compliance with the notice,
      • the court may, in addition to or instead of imposing a punishment, order him to take the steps specified in the order for securing compliance with the notice.
  8. (8) An order under subsection (7) must require those steps to be taken within such reasonable period as may be fixed by the order.
  9. (9) Where a person fails without reasonable excuse to comply with an order under subsection (7) he is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
  10. (10) Where a person continues after conviction of an offence under subsection (9) (or of an offence under this subsection) to fail, without reasonable excuse, to take steps which he has been ordered to take under subsection (7), he is guilty of a further offence and shall be liable, on summary conviction, to a fine not exceeding one-twentieth of that level for each day on which the failure has so continued."

After Clause 69, insert the following new clause—

"POWER TO REQUIRE OCCUPIER TO PERMIT ACTION TO BE TAKEN BY OWNER

Section 289 of the Public Health Act 1936 (c. 49) (power of court to require occupier to permit work to be done by owner) shall apply with any necessary modifications for the purpose of giving an owner of land to which a remedial notice relates the right, as against all other persons interested in the land, to comply with the notice."

After Clause 69, insert the following new clause—

"ACTION BY RELEVANT AUTHORITY

  1. (1) This section applies where—
    1. (a) a remedial notice requires the taking of any action; and
    2. (b) that action is not taken in accordance with that notice within the compliance period or (as the case may be) after the end of that period when it is required to be taken by the notice.
  2. (2) Where this section applies—
    1. (a) a person authorised by the relevant authority may enter the neighbouring land and take the required action; and
    2. (b) the relevant authority may recover any expenses reasonably incurred by that person in doing so from any person who is an owner or occupier of the land.
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  3. (3) Expenses recoverable under this section shall be a local land charge and binding on successive owners of the land and on successive occupiers of it.
  4. (4) Where expenses are recoverable under this section from two or more persons, those persons shall be jointly and severally liable for the expenses.
  5. (5) A person shall not enter land in the exercise of a power conferred by this section unless at least 7 days' notice of the intended entry has been given to every occupier of the land.
  6. (6) A person authorised under this section to enter land—
    1. (a) shall, if so required, produce evidence of his authority before entering; and
    2. (b) shall produce such evidence if required to do so at any time while he remains on the land.
  7. (7) A person who enters land in the exercise of a power conferred by this section may—
    1. (a) use a vehicle to enter the land;
    2. (b) take with him such other persons as may be necessary;
    3. (c) take with him equipment and materials needed for the purpose of taking the required action.
  8. (8) If, in the exercise of a power conferred by this section, a person enters land which is unoccupied or from which all of the persons occupying the land are temporarily absent, he must on his departure leave it as effectively secured against unauthorised entry as he found it.
  9. (9) A person who wilfully obstructs a person acting in the exercise of powers under this section to enter land and take action on that land is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale."

After Clause 69, insert the following new clause—

"OFFENCES COMMITTED BY BODIES CORPORATE

  1. (1) Where an offence under this Part committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
    1. (a) a director, manager, secretary or other similar officer of the body corporate, or
    2. (b) any person who was purporting to act in any such capacity,
      • he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against and punished accordingly.
  2. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate."

After Clause 69, insert the following new clause—

"SERVICE OF DOCUMENTS

  1. (1) A notification or other document required to be given or sent to a person by virtue of this Part shall be taken to be duly given or sent to him if served in accordance with the following provisions of this section.
  2. (2) Such a document may be served—
    1. (a) by delivering it to the person in question;
    2. (b) by leaving it at his proper address; or
    3. (c)by sending it by post to him at that address.
  3. (3) Such a document may—
    1. (a) in the case of a body corporate, be served on the secretary or clerk of that body;
    2. (b) in the case of a partnership, be served on a partner or a person having the control or management of the partnership business.
    634
  4. (4) For the purposes of this section and of section 7 of the Interpretation Act 1978 (c. 30) (service of documents by post) in its application to this section, a person's proper address shall be his last known address, except that—
    1. (a) in the case of a body corporate or their secretary or clerk, it shall be the address of the registered or principal office of that body; and
    2. (b) in the case of a partnership or person having the control or the management of the partnership business, it shall be the principal office of the partnership.
  5. (5) For the purposes of subsection (4) the principal office of—
    1. (a) a company registered outside the United Kingdom, or
    2. (b) a partnership carrying on business outside the United Kingdom,
      • shall be their principal office within the United Kingdom.
  6. (6) If a person has specified an address in the United Kingdom other than his proper address within the meaning of subsection (4) as the one at which he or someone on his behalf will accept documents of a particular description, that address shall also be treated for the purposes of this section and section 7 of the Interpretation Act 1978 (c. 30) as his proper address in connection with the service on him of a document of that description.
  7. (7) Where—
    1. (a) by virtue of this Part a document is required to be given or sent to a person who is an owner or occupier of any land, and
    2. (b) the name or address of that person cannot be ascertained after reasonable inquiry,
      • the document may be served either by leaving it in the hands of a person who is or appears to be resident or employed on the land or by leaving it conspicuously affixed to some building or object on the land."

After Clause 69, insert the following new clause—

"DOCUMENTS IN ELECTRONIC FORM

  1. (1) A requirement of this Part—
    1. (a) to send a copy of a remedial notice to a person, or
    2. (b) to notify a person under section (Procedure for dealing with complaints)(4) of the reasons for the issue of a remedial notice,
      • is not capable of being satisfied by transmitting the copy or notification electronically or by making it available on a web-site.
  2. (2) The delivery of any other document to a person (the "recipient") may be effected for the purposes of section (Service of documents) (2)(a)—
    1. (a) by transmitting it electronically, or
    2. (b) by making it available on a web-site,
      • but only if it is transmitted or made available in accordance with subsection (3) or (5).
  3. (3) A document is transmitted electronically in accordance with this subsection if—
    1. (a) the recipient has agreed that documents may be delivered to him by being transmitted to an electronic address and in an electronic form specified by him for that purpose; and
    2. (b) the document is a document to which that agreement applies and is transmitted to that address in that form.
  4. (4) A document which is transmitted in accordance with subsection (3) by means of an electronic communications network shall, unless the contrary is proved, be treated as having been delivered at 9 a.m. on the working day immediately following the day on which it is transmitted.
  5. (5) A document is made available on a web-site in accordance with this subsection if—
    1. (a) the recipient has agreed that documents may be delivered to him by being made available on a web-site;
      2. 635
    2. (b) the document is a document to which that agreement applies and is made available on a web-site;
    3. (c) the recipient is notified, in a manner agreed by him, of—
      1. (i) the presence of the document on the web-site;
      2. (ii) the address of the web-site; and
      3. (iii) the place on the web-site where the document may be accessed.
  6. (6) A document made available on a web-site in accordance with subsection (5) shall, unless the contrary is proved, be treated as having been delivered at 9 a.m. on the working day immediately following the day on which the recipient is notified in accordance with subsection (5)(c).
  7. (7) In this section—

After Clause 69, insert the following new clause—

"POWER TO MAKE FURTHER PROVISION ABOUT DOCUMENTS IN ELECTRONIC FORM

  1. (1) Regulations may amend section (Documents in electronic form) by modifying the circumstances in which, and the conditions subject to which, the delivery of a document for the purposes of section (Service of documents) (2)(a) may be effected by—
    1. (a) transmitting the document electronically; or
    2. (b) making the document available on a web-site.
  2. (2) Regulations may also amend section (Documents in electronic form) by modifying the day on which and the time at which documents which are transmitted electronically or made available on a web-site in accordance with that section are to be treated as having been delivered.
  3. (3) Regulations under this section may make such consequential amendments of this Part as the person making the regulations considers appropriate.
  4. (4) The power to make such regulations shall be exercisable—
    1. (a) in relation to documents relating to complaints about hedges situated in England, by the Secretary of State; and
    2. (b) in relation to documents relating to complaints about hedges situated in Wales, by the National Assembly for Wales.
  5. (5) In this section "electronically" has the meaning given in section (Documents in electronic form)."

After Clause 69, insert the following new clause—

"INTERPRETATION

In this Part— the appeal authority" has the meaning given by section (Appeals against remedial notices and other decisions of relevant authorities) (7); complaint" shall be construed in accordance with section (Complaints to which this Part applies); complainant" has the meaning given by section (Complaints to which this Part applies) (5); the compliance period" has the meaning given by section (Remedial notices) (6); domestic property" has the meaning given by section (Domestic property); high hedge" has the meaning given by section (High hedges); local authority", in relation to England, means—

  1. (a) a district council;
  2. (b) a county council for a county in which there are no districts;
  3. (c) a London borough council; or
  4. (d) the Common Council of the City of London;
  1. (a) is entitled to receive the rack rent of the land, or
  2. (b) where the land is not let at a rack rent, would be so entitled if it were so let;

After Clause 69, insert the following new clause—

"POWER TO AMEND SECTIONS (COMPLAINTS TO WHICH THIS PART APPLIES) AND (HIGH HEDGES)

  1. (1) Regulations may do one or both of the following—
    1. (a) amend section (Complaints to which this Part applies) for the purpose of extending the scope of complaints relating to high hedges to which this Part applies; and
    2. (b) amend section (High hedges) (definition of "high hedge").
  2. (2) The power to make such regulations shall be exercisable—
    1. (a) in relation to complaints about hedges situated in England, by the Secretary of State; and
    2. (b) in relation to complaints about hedges situated in Wales, by the National Assembly for Wales.
  3. (3) Regulations under this section may make such consequential amendments of this Part as the person making the regulations considers appropriate."

After Clause 69, insert the following new clause—

"CROWN APPLICATION

  1. (1) This Part and any provision made under it bind the Crown.
  2. (2) This section does not impose criminal liability on the Crown.
  3. (3) Subsection (2) does not affect the criminal liability of persons in the service of the Crown."

On Question, amendments agreed to.

Clause 71 [Commencement]:

Baroness Scotland of Asthal moved Amendments Nos. 139 to 141:

Page 53, line 20, leave out "subsection (2)" and insert "subsections (2) and (3)

Page 53, line 23, after "24(1)" insert "(Proceedings under section 222 of the Local Government Act 1972: power of arrest attached to injunction)

Page 53, line 27, at end insert—

(3) Part 8A comes into force—

  1. (a) in relation to complaints about hedges situated in England, in accordance with provision made by the Secretary of State by order;
  2. (b) in relation to complaints about hedges situated in Wales, in accordance with provision made by the National Assembly for Wales by order."

On Question, amendments agreed to.

Clause 72 [Orders and regulations]:

Baroness Scotland of Asthal moved Amendments Nos. 142 to 145:

Page 53, line 34, after "purposes" insert", different cases

Page 53, line 37, after "provisions" insert "(including provisions applying, with or without modification, provision contained in an enactment)

Page 54, line 3, after "than" insert—

  1. "(a) regulations under section (Power to make further provision about documents in electronic form) or (Power to amend sections (Complaints to which this Part applies) and (High hedges)); or
  2. (b)"

Page 54, line 3, at end insert—

(5) No regulations shall be made by the Secretary of State under section (Power to make further provision about documents in electronic form) or (Power to amend sections (Complaints to which this Part applies) and (High hedges)) (whether alone or with other provisions) unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

On Question, amendments agreed to.

Clause 74 [Extent]:

Baroness Scotland of Asthal moved Amendment No. 146:

Page 54, line 9, leave out ", 7 and 8" and insert "and 7 to 8A

On Question, amendment agreed to.

Schedule 1 [Demoted tenancies]:

Amendments Nos. 147 to 149 not moved.

Lord Grocott

My Lords, I beg to move that the House do now adjourn during pleasure for 15 minutes.

We can begin consideration of the Third Reading of the Fire Services Bill in 15 minutes. I think I need to explain the situation to your Lordships and to apologise for the fact that this is not precisely as scheduled. This is because deliberations on the previous Bill went on rather longer than most of us had anticipated. My profuse apologies go to everyone in all parts of the House who have been inconvenienced by the way in which things have transpired, particularly those who were about to take part in an hour-long Unstarred Question on a very important subject. Urgent discussions will take place at a sensible time tomorrow to find a satisfactory time when perhaps rather more time can be allocated to the Unstarred Question than would normally have been the case.

Moved accordingly, and, on Question, Motion agreed to.

[The Sitting was suspended from 9.23 until 9.38 p.m.]